National
Kagan denounces ‘Don’t Ask, Don’t Tell’
Supreme Court nominee calls gay ban ‘unwise, unjust’

U.S. Supreme Court nominee Elena Kagan was questioned this week about her handling of issues related to ‘Don’t Ask, Don’t Tell.’ (Washington Blade photo by Michael Key)
The issue of “Don’t Ask, Don’t Tell” and a controversy over allowing the U.S. military to recruit on college campuses emerged as central concerns during U.S. Supreme Court nominee Elena Kagan’s confirmation hearings this week.
The issues emerged Tuesday during the second day of hearings for Kagan — who’s currently serving as U.S. solicitor general — in testimony before the Senate Judiciary Committee, which was expected to continue throughout the week.
Sen. Jeff Sessions (R-Ala.) directed pointed questions at Kagan about the views she expressed as dean of Harvard Law School over military recruitment on campus.
According to media reports, in October 2003 Kagan wrote in an e-mail to students that military recruiting on campus caused her “deep distress” and that she “abhor[s] the military’s discriminatory recruitment policy.”
In testimony, Kagan affirmed her opposition to the ban on open service as dean and said she still holds that belief.
“I have repeatedly said that I believe that the ‘Don’t Ask, Don’t Tell’ policy is unwise and unjust,” she said. “I believed it then and I believe it now.”
Kagan said as dean she tried to ensure military recruiters had “full and complete access” while she simultaneously tried to enforce Harvard’s non-discrimination policy that bars discrimination based on sexual orientation.
She said she worked out a compromise as dean that enabled a veterans’ organization to sponsor military recruiters on campus as opposed to the U.S. military itself. Kagan noted that this policy was changed after the Defense Department voiced concerns about not having full access.
Sessions was critical of her efforts and cited examples of actions she took that he said raised doubts about her support for the U.S. military.
The ranking Republican on the Judiciary Committee, Sessions has voiced concerns about the Kagan nomination throughout the confirmation process and is a likely vote against seating her on the Supreme Court.
Sessions said Kagan participated in a campus protest and spoke out against the Solomon Amendment, which allows the U.S. government to withhold federal funding from universities if they restrict military recruitment on campus.
The senator cited a friend-of-the-court brief that Kagan signed as one of 40 Harvard professors in favor a U.S. Third Circuit Court of Appeals ruling in 2004 overturning the Solomon Amendment.
In response, Kagan characterized the brief as an argument that Harvard’s accommodation for military recruiters through a veterans’ group was consistent with the Solomon Amendment.
“We filed an amicus brief not attacking the constitutionality of the Solomon Amendment, but instead saying simply that Harvard policy complied with the Solomon Amendment,” she said.
Kagan noted that in the end, the Supreme Court unanimously rejected the arguments presented by Harvard professors in a 2006 decision upholding the Solomon Amendment.
Sessions accused Kagan of engaging in unscrupulous activity at Harvard by instituting a new policy following the Third Circuit ruling and suggested she shouldn’t have issued a change because the Solomon Amendment remained in effect.
The senator said Kagan’s description of events was “unconnected to reality” and that he was “a little taken aback” by her remarks.
“I know what happened at Harvard,” he said. “I know you’ve been [an] outspoken leader against the military policy. I know you acted — without legal authority — to reverse Harvard’s policy to deny the military equal access to campus until you were threatened by the United States government with the loss of critical funds.”
Sen. Patrick Leahy (D-Vt.), chair of the Judiciary Committee, interrupted Sessions to allow Kagan to respond to Sessions’ remarks.
Noting her father was a military veteran, Kagan said she has “respect” for the military and “one of the great privileges” of her time at Harvard was working with students who were former service members or who wanted to enter the military.
Doug NeJaime, a gay law professor at Loyola Law School, said Kagan “took the position that we expected her to take” in response to Sessions’ questioning by explaining school policy on military recruitment.
“I don’t think this is huge issue because, I think, it’s very much in the mainstream of law schools’ decision-making around ‘Don’t Ask, Don’t Tell’ and the Solomon Amendment,” NeJaime said. “And so, I think she defended the position in a satisfactory way.”
NeJaime said Sessions was trying to make it seem that Kagan was trying to undermine the U.S. military during her tenure as dean, or prevent them having access to students.
“She made it very clear that that’s not what she was doing,” NeJaime said. “The military had access to the students, and students had access to the military, and she had great respect for the military.”
Kagan’s opposition to “Don’t Ask, Don’t Tell” — which she articulated during her confirmation hearings — renews the question of whether she would have to recuse herself if confirmed and the issue came before the high court.
But NeJaime said he didn’t think such statements meant that Kagan wouldn’t be able to take part in a case on “Don’t Ask, Don’t Tell.”
“She’s been pretty clear about speaking about it as a political matter and as an ethical matter,” NeJaime said. “She thinks it’s a bad policy, but I don’t think that that means she can’t fairly adjudicate equal protection or due process claims raised by the ‘Don’t Ask, Don’t Tell’ policy.”
Further questions arose about LGBT cases in which Kagan may have to recuse herself in light of Leahy’s questioning on what matters she believed she would have sit out if they came to the bench.
In response to Leahy’s questioning, Kagan said she would recuse herself in cases that came before the court if she had been a “counsel of record” in any state of the process for litigation.
“I think there are probably about 10 cases that are on the docket next year … in which I have been a counsel of record in a petition for certiorari” or played a similar role, she said.
During her tenure as solicitor general, the Justice Department issued several briefs in defense of “Don’t Ask, Don’t Tell” — as well as the Defense of Marriage Act — in response to legal challenges in federal courts.
But NeJaime said the briefs don’t represent Kagan acting as a counsel of record because they originated under the jurisdiction of U.S. Attorney General Eric Holder.
“She’s in the solicitor general’s office whereas the papers filed in the DOMA cases have been coming from the Justice Department,” NeJaime said. “So she actually hasn’t been counsel of record on any cases implicating the Defense of Marriage Act, so I don’t see any problem there.”
NeJaime added this situation would also apply with respect to Justice Department’s response to legal challenges of “Don’t Ask, Don’t Tell.”
Georgia
Everton Blair makes history as first openly gay congressman from Ga.
Former Gwinnett County Board of Education member to serve remainder of David Scott’s term
Georgia made history last week when Everton Blair, Jr., was sworn into the U.S. House of Representatives, becoming the state’s first openly LGBTQ member of Congress and the latest LGBTQ addition to the chamber.
Blair, who represents Georgia’s 13th Congressional District, was sworn in on Sept. 1 after winning a special election to fill the vacancy left by the late-Congressman David Scott. Blair defeated Marcye Scott, the late congressman’s daughter, in the Aug. 25 runoff, winning 53.2 percent of the vote to Scott’s 46.8 percent.
He will serve the remainder of Scott’s term through Jan. 3, 2027. Blair is not running in the November general election for a full term.
Blair brings a progressive platform to Congress.
The 34 year-old supports Medicare for All, a Green New Deal, raising the minimum wage, and universal gun background checks. His campaign platform also included positions on LGBTQ rights, reproductive freedom, workers’ rights, climate, and gun violence.
Since joining the House, Blair has joined the Congressional Black Caucus and Congressional Progressive Caucus. He is also a co-chair of the Congressional Equality Caucus.
Before joining the House, Blair served on the Gwinnett County Board of Education, where he became the first Black member and youngest-ever member elected to the board, as well as its first openly gay member. He was later unanimously selected as chair.
Blair also served as a fellow in President Barack Obama’s White House Initiative on Educational Excellence that focused on improving academic outcomes and expanding opportunities for minority students.
The son of Jamaican immigrants, Blair was born and raised in Georgia’s 13th Congressional District. He earned a bachelor’s degree in applied mathematics from Harvard University, a master’s degree in policy, organization, and leadership from Stanford University, and a Doctor of Education Leadership degree from Harvard.
Blair’s campaign received endorsements from a number of organizations, including the LGBTQ+ Victory Fund and progressive Democratic groups such as Future Democrats.
The Equality PAC, a political action committee dedicated to electing openly LGBTQ candidates to office, celebrated Blair’s victory and provided a statement to the Washington Blade about the historic nature of his election.
“This is a historic election for Georgia, the South, and our entire country,” Equality PAC said in an email. “Everton Blair brings a strong record of public service and a deep commitment to making government work for working families.”
The group said Blair would “fight to lower costs, expand access to quality health care, create economic opportunity, and ensure every community has a voice in Washington.”
“At the same time, Everton understands the importance of standing up for equality and defending the rights and freedoms of LGBTQ Americans and every community facing discrimination,” Equality PAC said. “His historic election as Georgia’s first openly LGBTQ Member of Congress and the first openly LGBTQ man elected from the South is a powerful reminder of how far our country has come — and how much work remains.”
Equality PAC said it was “proud to welcome Everton to the House” and looked forward to working with him.
U.S. Military/Pentagon
Pentagon expands testosterone screening as trans troops face hormone therapy restrictions
Defense Department says updated guidelines to be issued shortly
The Pentagon has announced that new clinical guidance will be released establishing mandatory testosterone deficiency screening for active-duty and reserve cisgender male service members ages 30 and older, advancing a policy that expands hormone-related care for cisgender troops.
The Defense Department said the existing clinical guidelines, which are not currently available on the Defense Health Agency’s website, are being updated and that the final guidance will be issued shortly.
The announcement comes amid a wave of anti-transgender policies from both the DoD and the Trump-Vance administration, which continue to prohibit trans men from receiving the same treatment.
Under the forthcoming guidance, men ages 30 and older will be forced to undergo testosterone blood tests as part of their medical care. Younger male service members will be tested if they request screening or if clinicians identify warning signs of low testosterone.
The new guidelines formalize a screening program Defense Secretary Pete Hegseth announced in July, when he said the Pentagon would begin testing service members to ensure that “you have the right testosterone levels to operate at your absolute best.”
“Taking care of your long-term health means ensuring you remain strong, resilient, and capable — not just for your next deployment, but for the rest of your life, so you can thrive long after you take off the uniform,” Hegseth said at the time.
The Defense Health Agency’s clinical guidance says the program is intended to address “hormonal and energy-availability issues.” Hegseth said in July that testosterone replacement therapy would remain voluntary for service members if treatment is recommended.
The Food and Drug Administration is also scheduled to hold a meeting later this month with experts to discuss the medical use of testosterone.
The Pentagon’s push to routinely test testosterone levels runs counter to current medical guidance, which generally recommends considering testosterone therapy only for men who have symptoms consistent with low testosterone and have documented low hormone levels on two separate blood tests.
Testosterone is a sex hormone naturally produced by people of all sexes. It plays a role in regulating muscle mass, bone density, and sex drive. Testosterone levels in men naturally decline with age and have been associated with symptoms including erectile dysfunction, low libido, mood changes and weight gain, although experts continue to debate when testosterone therapy is medically appropriate.
The policy has drawn scrutiny from LGBTQ advocates because the Pentagon and Hegseth have simultaneously cited hormone therapy as part of the rationale for removing trans service members from the military.
Under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness,” the military has moved to bar trans people diagnosed with gender dysphoria from serving and has begun formal administrative separation proceedings against trans personnel.
The Pentagon continues to pursue implementation of the trans military ban as litigation over the policy proceeds. As a result, some trans service members have had their gender-affirming hormone therapy halted even as the Pentagon expands testosterone screening and potential treatment for cisgender service members.
SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans and their allies, criticized the disparity to the Washington Blade when Hegseth first announced the screening program.
“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”
On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so while allowing the armed services to continue refusing to enlist new trans recruits.
The Blade reached out to the Pentagon when the testosterone screening program was first announced in July, asking why cisgender service members could receive testosterone therapy while transgender service members could not. The Pentagon did not respond.
National
Lou Chibbaro Jr. documentary wins award from NLGJA
‘Lou’s Legacy’ produced by D.C.’s Mattachine Society
“Lou’s Legacy: a Reporter’s Life at the Washington Blade,” a documentary produced by The Mattachine Society of Washington, D.C., will receive an Excellence in Journalism Award from NLGJA, the Association of LGBTQ+ Journalists.
The film premiered on WETA PBS in D.C. and Maryland Public Television (MPT) in June of 2025. The documentary’s Emmy-nominated director and producer Patrick Sammon will accept the award for Excellence in Local Television on Sept. 11 at NLGJA’s National Convention in San Francisco.
“Lou’s Legacy” was produced in association with the Mattachine Society of Washington, D.C., a non-profit LGBTQ history society dedicated to conducting original archival research. Aside from Sammon, the NLGJA is recognizing other members of the film’s production team including Producer Julianne Donofrio, Editor Amir Jaffer, Executive Producer Charles Francis, and Executive Producer Pate Felts.
“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Lou’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers.
“All students of journalism can learn a lot from the story of Lou Chibbaro, Jr. Lou has chronicled nearly five decades of LGBTQ+ life and the community’s struggle for equality in Washington, D.C. Lou’s work and the role of the queer press has been essential in covering stories the mainstream media would often ignore or erase,” said Ryan Levi, president of the D.C. chapter of the NLGJA.
“We are thrilled to receive this award from the NLGJA,” said the film’s director Patrick Sammon. “Lou Chibbaro’s nearly five decade career at the Washington Blade demonstrates the essential role LGBTQ journalism plays in telling our community’s stories and documenting its history. This recognition from journalists who follow in Lou’s footsteps is particularly meaningful to me and the rest of our production team.”
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U.S. Military/Pentagon4 days agoPentagon expands testosterone screening as trans troops face hormone therapy restrictions
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